Denise Mitchell (Dublin Bay North, Sinn Fein)
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678. To ask the Minister for Health the status of the organ donation opt-out register which is to be put in place under the Human Tissue Act 2024; when it is expected that the register will be available; and if she will make a statement on the matter. [4584/25]

Jennifer Carroll MacNeill (Dún Laoghaire, Fine Gael)
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The Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024 was enacted in February 2024.

The Act is a composite piece of legislation that includes provisions around organ donation and transplantation, post-mortem practice and procedures, anatomical examination, and public display of bodies after death. Crucially, it embeds in legislation the idea that consent is the defining principle across all these sensitive areas.

The Act provides, for the first time, a national legislative framework for organ donation and transplant services in Ireland. In doing so, it introduces a soft opt-out system of consent for organ donation meaning that when a person dies it is presumed that they would wish to donate their organs after their death unless they have made a statement of objection to donation. However, it is important to stress that family members will always be consulted before any action is taken.

Furthermore, under the legislation, those who object to organ donation, for whatever reason, can record their objection on a new Register that is in the process of being established. The wishes of individuals on the Register will be respected in full, and their family will not be approached on the issue of organ donation.

It is my intention to commence sections of the legislation at the earliest opportunity. There are a number of necessary elements which must be in place before this legislation can come into operation, e.g. supporting legislation, guidelines, and relevant codes of practice. Work is underway in the Department of Health and in the HSE to prepare for the commencement of the provisions concerning organ donation and transplantation including the opt-out register, at the earliest possible opportunity.

Until the Act is commenced, the conditions for organ donation and transplantation in the State remain unchanged. Before any changes to the law take effect, there will be an information campaign to inform the public of the changes and give guidance on how an objection to donation can be registered.